TERMS AND CONDITIONS

Last updated on 01/09/2021

Connect India E-Commerce Services Private Limited (hereinafter referred to as the “Connect”, “we”, “us”, “our” and terms of similar meaning) owns and operates the website (www.connectindia.com) and domain name, and any other linked pages, features, content or any other services we offer from time to time in connection therewith, to provide logistics services and engage in last mile delivery services (“Services”).

These Terms and Conditions (“Terms”) govern your (hereinafter referred to as “you”, “your”, “User”, as applicable) access to and/or use of (either as a registered user, visitor/viewer):

(a) www.connectindia.com including any sub-domains thereof (collectively, “Site”); and
(b) Services;

as may be provided by Connect from time to time.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 (together with any statutory amendments or modifications thereof). This electronic record is generated by a computer system and does not require any physical or digital signatures.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS CONSTITUTE A BINDING, LEGAL AGREEMENT BETWEEN YOU AND CONNECT. IN ORDER TO USE THE SITE AND/OR AVAIL OF THE SERVICES, YOU MUST AGREE TO THESE TERMS BY CLICKING ON THE ‘I AGREE’ BUTTON. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT ENTITLED TO USE THE SITE OR AVAIL THE SERVICES PROVIDED BY US.

1. ACCEPTANCE AND GOVERNANCE OF TERMS

1.1. You hereby expressly acknowledge and agree to be bound by these terms, policies and guidelines incorporated by reference in these Terms, including the Privacy Policy, as may be amended from time to time.

1.2. You represent and warrant that:

(a) You are at least 18 (Eighteen) years of age or in the event you are under 18 (Eighteen) years of age, you have been duly represented by your legal guardian;
(b) You have the lawful authority and capacity to contract and be bound by these Terms;
(c) If you are accepting these Terms on behalf of a company, limited liability partnership, trust or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
(d) You will comply with all applicable laws and regulations.

1.3. These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Site or Services after any such changes shall constitute your consent to such changes.

1.4. These Terms are published in compliance with, and is governed by the provisions of applicable Indian laws, including but limited to:

(a) the Indian Contract Act, 1872;
(b) the Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
(c) the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

2. MEMBERSHIP

2.1. By registering and creating a User account (“Account”), by providing, your name, email address, password and other details as may be requested on the Site, you agree to:

(a) provide accurate, current and complete information as may be prompted (“Registration Data”) and maintain and undertake to update the same in respect of any changes;
(b) maintain the security of your password for the Account;
(c) accept all risks of unauthorized access to the Registration Data and any other information you provide to us;
(d) notify us immediately of any breach of security or any unauthorized use of your Account;
(e) receive promotional communication and newsletters upon registration;
(f) not authorize, assign or otherwise transfer your Account to any other person or entity or to let them operate through the account created and in no event use another User’s Account for any purpose or objective; and
(g) be responsible for all activity on your Account and to use and operate the same in accordance with applicable laws.

2.2. You further agree and confirm that:

(a) You will use the Site and the Service provided by Connect, for lawful purposes only and comply with all applicable laws and regulations while using the Site and availing the Services therein;
(b) You will provide authentic and true information in all instances where such information is requested of you. Connect reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or Site without prior intimation;
(c) You authorise Connect to contact you for providing any of the Services as requested by you, related to your Account.
(d) You are responsible for maintaining the secrecy of your Account including user name and password. In addition, you will be financially accountable for all use of our Platform by yourself and anyone using your password and login information.

3. ADDITIONAL TERMS

3.1. Additional Terms may apply when you avail Services, or when you participate in special promotions or offers. These additional terms are found in the area of the Site where you will avail a Service, or where you will register for a special promotion or pursuant to an agreement for such Services.

3.2. You agree to abide by the terms and conditions imposed by any provider, including payment of all the amounts when due and comply with all rules and restrictions regarding the availability of Services.

3.3. Charges. The membership of this Site is free of cost and this includes the browsing of the Site. We do however, charge a fee or commission for the Services provided. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Services.

4. ACCESS AND USE

4.1. Connect grants you a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Site and Services, solely for your own use, subject to the Terms. Your access and use of the Site and Services is subject to the following representations and warranties:

(a) You may only access the Site or Services using authorized and lawful means;

(b) We shall not be liable for any failure or default to provide access to the Site on account of any failure or delay by you to register with the Site for such access or due to any other reasons whatsoever;

(c) Any configuration or set up of the Devices for access to the Site and the Services shall be your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not restricted to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;

(d) We collect, store, process and use your information in accordance with Connect Privacy Policy (“Privacy Policy”). By using the Site and/ or by providing your Personal Information (as defined in the Privacy Policy), you consent to the collection and use of the information you disclose to us, in accordance with the Privacy Policy;

(e) You will not take any action that interferes with, degrades or adversely affects Connect and/or the Services and/or the Site;

(f) You will not use the Site in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Site;

(g) You will not use the Site, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content or to sell or promote any products on the Site;

(h) You will ensure that the Site is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Site or any other software, hardware, services or data;

(i) You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers”, etc., to access the Site;

(j) You will not attempt to gain unauthorised access to any accounts, computer systems or networks connected to the Site, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you;

(k) You will not use, misuse or misappropriate the Site to develop, or to assist anyone in developing a competitive Site, service or for other competitive purposes;

(l) You will not copy, distribute, or make derivative works of the Site or any content in the Site in any medium;

(m) You shall not recruit, solicit, or contact in any form the employees, agents, representatives or officers of Connect for employment or contracting for a business not affiliated with Connect;

(n) You shall not intentionally submit on the Site any incomplete, inaccurate or false information;

(o) You shall be solely responsible for (i) procuring and maintaining your network connections and telecommunications links from your systems to Connect data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet; and

5. FEEDBACK

5.1. As a visitor/User of the Site, you agree to use careful, prudent, and good judgment when leaving feedback for other Users of the Site. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another user, Connect, in its sole discretion, may take any of the following actions: (i) delete your feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Connect discretion, Connect will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site.

5.2. Reporting inappropriate use of feedback: You may contact Connect regarding any inappropriate use of feedback via-email to the Grievance Redressal Officer (details of which are provided below).

5.3. Connect does not and cannot review every posting made on the Site. These Terms do not require Connect to monitor, police or remove any postings or other information submitted by you or any other user and Connect shall not be responsible for any ensuing liability.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. Connect and its licensors, as the case may be expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content and other materials apart from Employer Related Information and Personal Information, which appear on this Site including the trademarks, logos and service marks displayed on the Site (“Marks”). You hereby acknowledge that any and all of the intellectual property rights (including but not limited to all copyright, patent, Marks, etc.) and other proprietary rights in and in relation to the Site including without limitation any derivatives, improvements or modifications which ownership is directly attributable to Connect or its licensors as the case maybe (expressly excluding any information which belongs to a User or other third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or the Services shall vest wholly, completely and fully with Connect or its licensors throughout the territory of the world and you shall have no right or claim to such intellectual property in any manner whatsoever. All rights, including copyright, in this Site are owned by Connect. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Connect. You may not modify, distribute or re-post anything on this Site for any purpose. All software used on this Site is the property of Connect or its licensors and protected by Indian and international copyright laws.

7. INDEMNIFICATION

7.1. By accepting these Terms and using the Site and/or availing the Services, you agree that you shall defend, indemnify and hold Connect, its partners, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) Misuse of your access to and use of the Site and/or the Service and/or misuse of any information on the Site; (ii) any loss or injury to Connect representatives resulting from or attributable to your acts or omissions; (iii) your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party including any intellectual property rights; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you; through the Site.

8. DISCLAIMER OF WARRANTIES

8.1. Connect hereby explicitly and specifically disclaims any and all representations, warranties or guarantees in respect of the Site and/or the Services, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.

8.2. The Site is provided strictly on an “as is” basis. Notwithstanding anything contained in these Terms, Connect does not warrant that the Site: (i) will perform error-free or uninterrupted, or that Connect will correct all or any errors or defects (ii) will operate in combination with the devices, or with any other hardware, software, systems or data not provided by Connect, (iii) will meet the User’s requirements, specifications or expectations or that the Services will be available at any particular time or location, uninterrupted or secure.

8.3. Connect reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/ or the Services (or any part thereof) with or without notice and in its sole discretion. You agree that Connect shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Services.

8.4. Connect shall not be liable to You for any delay or failure in performance of the Services arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war or acts of regulatory or governmental agencies.

8.5. The User acknowledges that Connect does not control the transfer of data over the communications facilities, including the internet, and that any Site may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Connect shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Site that arise from the User’s content or third party content.

8.6. Connect does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.

8.7. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Users and the Third Party Sites, including, but not limited to, any User’s reliance upon any information provided therein. The Third Party Sites and us are independent contractors and neither party has authority to make any representations, warranties or commitments on behalf of the other.

8.8. You agree and understand that you shall be responsible for ensuring compliance with the terms of use, guidelines, operating rules and policies of Third Party Sites. Further under no circumstances shall Connect be liable to you or the Third Party Sites for the services provided by such Third Party Sites to you. In the event of any conflict between these Terms and any of the terms, conditions and notices contained in any Third Party Sites, the contents of these Terms shall prevail.

8.9. We are not responsible for the content, accuracy or opinions expressed in any Third Party Sites, and such Third Party Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Third Party Sites on Our Site does not imply approval or endorsement of the Third Party Sites by us.

8.10. We reserve the right to modify or remove any content from the Site, which in our reasonable opinion and discretion, does not comply with the above Terms, or if any content is posted that we believe is not in our best interest.

9. LIMITATION OF LIABILITY

9.1. In no event shall Connect or anyone else involved in administering, distributing or providing the Site an/or Services be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Site and/or Services. Connect or anyone else involved in administering, distributing or providing the Site and/or Services further explicitly disclaim any and all liability for any of the following:

(a) errors, mistakes or inaccuracies of the content displayed on the Site;
(b) personal injury or property damage of any nature whatsoever, resulting from our Services or for any alleged or actual damages or loss of valuables at the location;
(c) the acts or omissions of our representatives performing Services on our behalf;
(d) any failure or delay in the Services;
(e) any content uploaded on the Site;
(f) any loss or damage arising out of your failure to adhere to your obligations under the Terms;
(g) user content or the defamatory, offensive, or illegal conduct of any third party;
(h) viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (“Harmful Code”) that may be transferred to your Devices when accessing the Site. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of your Devices.

9.2. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF (I) YOUR USE OF THE SITE; AND/OR (II) AVAILING ANY SERVICES, REMAINS SOLELY WITH YOU.

9.3. In no event shall Connect or anyone else involved in administering, distributing or providing the Site and/or Services be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the money charged by Connect from the User under which such liability has arisen and been established.

10. TERMINATION

10.1. These Terms will continue to apply until terminated by us as set forth below.

10.2. Connect, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespassing. We shall not be accountable to you to such suspension or termination.

11. NOTICE

11.1. All notices from Connect will be served by email to Your registered email address or by general notification on the Site. Any notice provided to Connect pursuant to these Terms should be sent to grievanceofficer@connectindia.com in with subject line – Attention: “TERMS OF USE”.

12. GENERAL

12.1. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Site and/or Services;

12.2. These Terms together with the Privacy Policy, any service agreement entered between you and Connect in relation to the Site and any other specific terms as may be set forth in the Site shall constitute the entire agreement between you and Connect; and

12.3. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1. If there is a grievance or concern in respect of these Terms or the Services provided by Connect, you are requested to email us details of the same at grievanceofficer@connectindia.com any concern shall be sought to be addressed by Connect and in the event of any dispute, You and Connect shall endeavour to amicably resolve the dispute.

13.2. These Terms shall be governed and construed under the laws of India and the courts of Bangalore shall have exclusive jurisdiction.

14. GRIEVANCE REDRESSAL MECHANISM

14.1. Connect has constituted appropriate grievance redressal mechanism within the organization to resolve any grievances of the Users. Connect has designated an officer to redress the genuine grievances of the Users, the details of whom are stated herein below (“Grievance Redressal Officer”).

14.2. In the event of any clarifications/queries/complaints/grievances in respect of the Services and/ or the Site provided by Connect, you shall first direct the same to us by email at grievanceofficer@connectindia.com In the event you are not satisfied with the assistance or response provided, you shall then direct any such grievances pertaining to the Services and/or the use of the Site, to the Grievance Redressal Officer of Connect who shall ensure that genuine grievances of the Users are redressed promptly. The Grievance Redressal Officer shall endeavor to acknowledge the receipt of any complaint within 48 (forty-eight) hours and redresses the complaint within a reasonable period of time from the date of receipt of the complaint.

Details of the Grievance Redressal Officer: grievanceofficer@connectindia.com

BY ACCESSING, MOVING PAST HOME PAGE OF THE SITE, USING OR OBTAINING ANY CONTENT, PRODUCTS, OR SERVICES THROUGH THESE WEBSITES AND/OR USING THE SITE, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY PROVIDED HEREIN. THESE TERMS CONSTITUTE A BINDING AND LEGAL AGREEMENT BETWEEN YOU AND CONNECT. CONNECT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS INCLUDING THE PRIVACY POLICY, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. EVERY ACCESS BY YOU OF THE SITE AND/OR AVAILMENT OF SERVICES IS DEEMED TO MEAN THAT YOU HAVE AGREED TO ACCEPT AND ADHERE TO THE TERMS AS AMENDED AND APPLICABLE AT SUCH TIME.